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REV 03-17-23 MI Provider’s possession. b. The storage and handling of City Data by Provider is as a service provider on behalf of City and it is not intended that the performance of the obligations of Provider pursuant to this Agreement will be subject to the California Consumer Privacy Act as currently in effect. Provider will cooperate with City to ensure that the storage and handling of City Data remains in compliance with any privacy requirements that are applicable to the City. c. Provider shall remain the owner of the Software and any of Provider’s intellectual property that is associated with the SaaS Solution and the performance of any of the Services. 10. Data Security. a. For purposes of this Section 10, the following definitions apply: (i) “Data Breach” means the unauthorized access by a non- authorized person’s that results in the use, disclosure or theft of City Data. (ii) “City Identified Contact” means the person or persons designated in writing by the City to receive Security Incident or Data Breach notification. (iii) “Security Incident” means the potentially unauthorized access by non-authorized persons to City Date that Provider believes could reasonably result in the use, disclosure or theft of City Data within the possession or control of Provider. A Security Incident may or may not turn into a Data Breach. b. The Software and Services will be provided in accordance with the security protocols that are set forth in the security policy of Provider, which is attached hereto as Exhibit “H” (“Security Policy”). The Security Policy sets forth the minimum level of encryption, intrusion detection and data protection that is provided for the SaaS Solution and Provider will not make any change to the Security Policy during the terms of this Agreement that would provide less rigorous protection. Notwithstanding any term of the Security Policy, all City Data will be encrypted while in transit and while at rest or in storage on Provider’s servers. All connections between City and Provider where Provider employees or contractors have access to the City’s network or City Data while providing Services will be secured using a virtual private network or similar protocol. City Data that is stored by Provider will only be stored on servers, which are located in the United States of America. Provider shall not allow its personnel or contractors to store City Data on portable devices, including personal computers, except for devices that are used ATTY/AGR.2023.056/Dropcountr, Inc. (Water Utility Customer Portal) (Page 5 of 32)